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ruled Tuesday that the Yakama Indian Nation can't sue to bar the imposition of a federal excise tax on a member-owned company's tobacco products, saying the tribe's claims fall under a federal law that "bars any suit that would restrain the assessment and

Three video lottery casino owners have filed a lawsuit against the Brooke County Commission and Brooke County Health Department, alleging the department acted outside its state-given powers when it implemented a ban on smoking in the businesses.

The FDA, pursuant to the authority it possesses under the TCA, has promulgated a labeling requirement that applies to e-cigarettes. Therefore, state labeling requirements that apply to e-cigarettes that are “different from, or in addition to” the FDA’s re

Plaintiffs respectfully submit that clarification is necessary to address an internal contradiction in the Order concerning preemption by the FDA’s Final Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act as Amende

Reynolds American Inc., Fontem US Inc. and others — all of which make and market e-cigarettes under the brand name BLU — were accused by California, Illinois and New York residents of violating those states’ laws by advertising their products as healthy

recently argued before the Florida Supreme Court that in Florida courts, the liability and negligence claims of smokers are preempted by federal law. Katsas was arguing for tobacco company R.J. Reynolds in a lawsuit filed by Phil Marotta whose father all

The judge ruled federal law superceded state regulations citing the [FDA]’s rule making e-cigarettes subject to the Family Smoking Prevention and Tobacco Control Act....tobacco products only need to carry a warning regarding the addictive properties of ni

tobacco litigation was good practice on the issue of preemption. Most tobacco cases were and are about an alleged failure to warn. But federally mandated warnings have been on cigarette packs for over 50 years... The preemption ruling in In re Fontem, U

Florida Supreme Court justices grilled a tobacco defense attorney on how he hoped to limit the scope of smoking litigation a decade after the landmark Engle case. A lawyer for R.J. Reynolds Tobacco Co., Gregory Katsas of Jones Day in Washington, argued

The FDA has stated that the heading was implemented “in order to clarify that part 1143 is not intended to prevent tobacco product manufacturers from including truthful, non-misleading warnings on their products’ packaging or advertisements voluntarily